Currently, UK’s top lawyers are looking very closely at smiley croissants, as premium plush toys have become the newest trademark battleground.
British brand, Jellycat, has issued legal claims against retailers Hamleys, Next, and Bessie London for trademark infringement and passing off, claiming they are copying the manufacturer’s distinctive smiley-faced, anthropomorphic plush toys and accessories.
Meanwhile, the retailers are capitalising on social media virality by flooding the market with cheaper lookalikes, sometimes even in the same shops as genuine Jellycats. Why would an authorised reseller risk its contract to sell lookalikes? Can a brand protect anthropomorphic foods? And is there a new dupe culture shifting risk appetites?
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